A petition has been filed before the Employment and Labour Relations Court challenging the conduct and outcome of the Central Organisation of Trade Unions (COTU-K) elections held on March 14, 2026, at Tom Mboya Labour College in Kisumu. The petitioner, Fazul Mahamed, together with the Institute for Democratic Governance, is contesting the legality of the polls in which Francis Atwoli, the 1st interested party, was reportedly elected unopposed to a sixth term as Secretary General.
The petitioners argue that the elections were conducted prematurely and in violation of the law, as well as the official electoral timelines issued by the Registrar of Trade Unions. According to court documents, the COTU-K elections were held before affiliate trade unions had completed their branch and national elections, a prerequisite step in the statutory electoral cycle.
*Alleged Irregularities*
The petition further alleges multiple irregularities, including:
- *Failure to update membership registers*
- *Lack of notice for elective positions*
- *Absence of independent electoral bodies*
- *Failure to publish a voters’ register*
- *Questionable legitimacy of delegates who participated in the voting process*
The applicants are now seeking conservatory orders to bar the Registrar of Trade Unions from registering or gazetting the purportedly elected officials, and to restrain those declared winners, including Atwoli, from assuming office pending the hearing and determination of the case.
When the matter came up before Jacob Gakeri on March 17, 2026, the court certified the application as urgent and directed that it be served on the respondents within four days. The case is scheduled for inter partes hearing on March 24, 2026.
The petitioners argue that unless the court intervenes, the move risks disenfranchising union members and eroding transparency, accountability, and the rule of law in trade union elections.
Francis Atwoli has been at the helm of COTU-K since 2001 and has led the organization to become one of Kenya's most powerful labour voices, with over four million members. His re-election marks his sixth term as Secretary General.
The petitioners argue that the elections were conducted prematurely and in violation of the law, as well as the official electoral timelines issued by the Registrar of Trade Unions. According to court documents, the COTU-K elections were held before affiliate trade unions had completed their branch and national elections, a prerequisite step in the statutory electoral cycle.
*Alleged Irregularities*
The petition further alleges multiple irregularities, including:
- *Failure to update membership registers*
- *Lack of notice for elective positions*
- *Absence of independent electoral bodies*
- *Failure to publish a voters’ register*
- *Questionable legitimacy of delegates who participated in the voting process*
The applicants are now seeking conservatory orders to bar the Registrar of Trade Unions from registering or gazetting the purportedly elected officials, and to restrain those declared winners, including Atwoli, from assuming office pending the hearing and determination of the case.
When the matter came up before Jacob Gakeri on March 17, 2026, the court certified the application as urgent and directed that it be served on the respondents within four days. The case is scheduled for inter partes hearing on March 24, 2026.
The petitioners argue that unless the court intervenes, the move risks disenfranchising union members and eroding transparency, accountability, and the rule of law in trade union elections.
Francis Atwoli has been at the helm of COTU-K since 2001 and has led the organization to become one of Kenya's most powerful labour voices, with over four million members. His re-election marks his sixth term as Secretary General.
